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CIACCIO v. CAZAYOUX

No. 86 CA 1491.

519 So.2d 799 (1987)

Dina CIACCIO, Wife of/and Jacob Ciaccio, Individually and in their Capacity as the Natural Parents of the Minor Children, Vincent Ciaccio, and an unnamed Minor Child, Deceased, v. Dr. Francis T. CAZAYOUX; Dr. Walter A. Scheuermann; Dr. Albert I. Tydings; St. Tammany Parish Hospital Service District No. 1; Charity Hospital of Louisiana in New Orleans; Dr. Jeanne Eddington; and Dr. Kim Hardy.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied February 24, 1988.

Attorney(s) appearing for the Case

Peter Garcia, Covington, for plaintiffs.

H. Martin Henley, Jr., New Orleans, for defendants.

Before WATKINS, CARTER and FOIL, JJ.

CARTER, Judge.

This is an appeal from a trial court's judgment sustaining defendants' dilatory exception pleading the objection of prematurity and dismissing plaintiffs' suit.

Facts

On October 19, 1983, Mrs. Dina Ciaccio retained Drs. Francis T. Cazayoux, Walter A. Scheuermann, and Albert I. Tydings as obstetricians for treatment during her pregnancy. On that same day, Dina Ciaccio was presented with a document entitled "Arbitration Agreement...

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